KATHMANDU: Acting Chief Justice Damodar Prasad Sharma has said the judiciary was always committed to press freedom.

Receiving a memorandum submitted by Press Chautari Nepal here today, Sharma said that the judiciary was committed to implementing legal arrangements for working journalists, easy excess to journalists in court, among others.

He further added that press freedom would have no meaning without independent judiciary. They are complimentary to each other, he said.

Acting Chief Justice Sharma told journalists’ team that as there exist no records of their works and that they feel difficulties in getting legal treatment.

The court therefore accepted the pictures and news published on their byline as an alternative means of proof regarding the cases of the working journalists.

Chairman of the Press Chautari Nepal, Rajendra Aryal, said majority of the journalists could not reach to knock the door of the court as they do not have sufficient proofs for legal treatment and that they were deprived of their services and facilities.

KATHMANDU: Nepal’s Supreme Court on Monday cleared all the obstacles surrounding Lokman Singh against his appointment as the head of anti-graft body. The SC voiced against continuing the interim order issued earlier in relation to the proposed appointment of former Chief Secretary Lokman Singh Karki to the post of the Chief Commissioner of the Commission for Investigation of Abuse of Authority (CIAA).

A single bench of Justice Sushila Karki stated that there was no dispute over the provision that an individual with high qualification and moral conduct must be recommended to the post of CIAA Chief, as per the required legal provision.

“As it would not be right for the Court to express its view in relation to the eligibility or non-eligibility of any particular individual in an immature circumstance and also to intervene over the constitutional duty of the Constitutional Council, the interim order issued on March 22 need not be continued”, reads the verdict.

KATHMANDU: The Supreme Court (SC) on Tuesday has issued an interim order in the name of the defendants, directing them to pay attention to the articles in the Interim Constitution concerning the formation of the ‘Electoral Constituency Delimitation Commission’ before continuing with the preparations for the upcoming Constituent Assembly election.

In response to a writ petition filed by one Rajlal Mandal, a single bench of Justice Girishchandra Lal issued the interim order in the name of Office of President, the Chairman of Council of Ministers, political parties in the High-Level Political Committee and the Election Commission.

Article 63(3) and 154 (a) of the Interim Constitution of Nepal provide for the formation of the Commission.

Mandal had on April 2 filed a writ at the Court, demanding an interim order to stop all election-related preparations before the Commission was formed, arguing that such activities would be against constitutional supremacy, democratic system and international norms of politics.

KATHMANDU: The Supreme Court on Tuesday issued a show cause notice in the name of the Government to explain the reason behind the re-appointment of the former office-bearers of the Election Commission.

A single bench of Justice Girish Chandra Lal issued the order asking the defendants to be present before the court along with a written explanation within the next 15 days.

In the petition filed by Bhagrit Shaha Kanu of Birgunj and by Prabin Kumar Lava of Mahottari, Office of the President, Office of the Council of Ministers, the Constitutional Council and the appointed office-bearers have been named as the defendants.

Pravin Kumar Lav and Hare Ram Sah have filed the writ stating that some figures were reappointed at the EC by challenging the Article 128 (3) and (7) of the Interim Constitution of Nepal-2063 BS, confirmed Joint Spokesperson at the SC Hemanta Rawal.

The President had appointed the Chief Election Commissioner and commissioners on Sunday based on recommendation of the Constitutional Council.

Chief Election Commissioner Nil Kantha Upreti and commissioners Dolakh Bahadur Gurung and Dr Ayodhi Prasad Yadav were reappointed. Ram Bhakta PB Thakur and Ila Sharma are the fresh appointees in the EC.

KATHMANDU: The Supreme Court (SC) has decided to conduct a hearing in a special bench from March 7 on a writ filed at the SC challenging the major four political parties’ decision to form the Chief Justice-led election government.

A single bench of Justice Sushila Karki on Sunday issued a show cause notice in the name of President’s Office, Prime Minister, Office of the Prime Minister and Council of Ministers and UCPN (Maoist) Chairman to furnish a written response by 5 March, according to assistant spokesperson at the SC Hemanta Rawal.

Defending the writ, advocate Dr Chandra Kanta Gyawali demanded the SC to give an interim order arguing that the person using judicial mind could not use executive mind and he could turn a totalitarian if he were given rights to use both the powers.

Advocate Kumar Regmi said article 106 of the Interim Constitution of Nepal-2063 B.S would not pave a way for making the CJ new Prime Minister in name of removing difficulties. He also argued the order made only to remove the difficulties would not hold the constitutional ground.

Legal practitioner Bharat Mani Jangham had filed the writ on February 17 making President’s Office, Prime Minister, Office of the Prime Minister and Council of Ministers and UCPN (Maoist) Chairman as the defendants.

In his writ, Jangham had demanded the SC to stop the major four political parties’ decision to form the election government under the leadership of Chief Justice Khil Raj Regmi.

Legal practitioner Bharat Janghum has filed the writ stating that the forming the CJ-led government would challenge the constitutionalism and principle of power separations. Janghum has also demanded that the writ be given a preferential right for issuing a stay order.

KATHMANDU: Nepal’s Prime Minister Dr Baburam Bhattarai today attended before the Supreme Court and furnished his clarification regarding to government’s interference in free and fair investigation in murder of Dailekh-based journalist Dekendra Raj Thapa.

In his written clarification, the Prime Minister has said that as an executive chief of the country he has not given order to anyone by overriding the existing laws. He also said false allegations were made against him by those lodging the case at the supreme court.

A single bench of justice Sushila Karki on January 18 had summoned Prime Minister within seven days on the charge contempt of the court after the Prime Minister directed the officials to halt the statements of scribe Thapa’s murder accused.

Earlier on Sunday, attorney general Mukti Narayan Pradhan had reached the SC and submitted a clarification note on the same issue.

The UCPN (Maoist) leaders including the incumbent prime minister, and the government officials have been stating that the warera cases should be dealt with the Truth and Reconciliation Commission (TRC), not by the existing criminal justice system.

KATHMANDU: The Supreme Court has been preparing for giving a two day (Saturday and Sunday) holiday in a week by using its inherent rights.
A three member study committee led by registrar at the SC, Lohit Chandra Saha, is submitting a report in this connection.

The plenary meeting of the SC would implement the report, it is learnt.

The report has mentioned that it has recommended the SC to give two days’ holiday, taking into account the positive impact of the two-day holiday given in the past, and suggestions furnished by various courts and representatives of concerned bodies.

Similarly, the report has recommended the SC to implement the two-day holiday in all courts across the country. It would not affect negatively to regular activities in the judiciary. Rather, the two-day holiday would provide more time for hearing, and to prepare and check decisions, develop creativity among the manpower in courts, bring quality in performance, make study and research easier and enhance employees’ capacity.

However, the court would remain open on public holidays for the hearing on whether to keep a convict in detention or to send to the judicial custody.

In order to bring the changes, the report has suggested some amendments on the district court and appellate court regulations and necessary arrangement of employees, additional budget, delegation of power and others. RSS